Key Takeaways

  • A Texas registered agent is legally required for all LLCs operating in the state.
  • The agent must have a physical Texas address and be available during business hours.
  • An LLC can appoint an individual, a business entity, or hire a commercial service.
  • Commercial registered agent services offer privacy, compliance support, and reliability.
  • Consent is mandatory before designating a registered agent in Texas.
  • Failing to maintain a registered agent may lead to penalties or administrative dissolution.
  • You can change your registered agent by filing Form 401 and paying a $15 fee.

A registered agent for LLC in Texas is an individual or company that is responsible for receiving service of process notifications and other official correspondences on behalf of a limited liability company (LLC) in Texas. In all states, appointing a registered agent is a requirement for forming an LLC.

What is a Registered Agent?

A registered agent is also known as a resident agent. In the U.S., it is mandatory for an LLC to appoint a registered agent to perform a number of tasks, including:

  • receiving legal documents that are served against the LLC, such as lawsuits and legal notices.
  • receiving tax and other official business documents on the company's behalf.
  • serving as the company's official “contact person.”

Texas requires all business entities to appoint a registered agent before they can start operating in the state. In order to become an LLC, a business is required to file certain organizational documents, one of which is the Certificate of Formation. In the Certificate of Formation, the business must clearly indicate the person or organization that is appointed as the official person for receiving legal documents. As such, the state and all organizations and individuals who conduct business with the company will know who to send the documents to.

If a company in Texas fails to appoint and maintain a registered agent, it will be subject to a fine or administrative termination. While appointing a registered agent is a fairly simple process, it is important that an LLC makes its selection carefully. A registered agent serves as the first line of defense against legal problems and provides protection against default judgments.

Types of Registered Agents

An LLC can appoint a person or business as a registered agent, but the selected agent has to meet certain requirements.

  • Individual - If the LLC appoints an individual, he or she must be 18 years or older.
  • Business – The selected business organization must be authorized to do business in Texas.
  • Third-party company – An LLC can also hire a third-party company as its registered agent. The cost of hiring a third-party company can vary significantly from one company to another.

Location of a Registered Agent

An individual who is chosen to act as a registered agent for an LLC is required to have a physical residence in Texas. A business or third-party company that serves as a registered agent must have an office in Texas. Also known as the registered office, the registered agent's office must be an actual street address, not a mail service or post office box. The registered office does not necessarily have to be the place of business of the entity.

If an organization is chosen as a registered agent, it must be able to receive legal and other important notices at the registered office during business hours.  

Responsibilities of a Registered Agent

An LLC's registered agent is responsible for maintaining the Operating Agreement and Articles of Organization of the company. The registered agent must keep these documents at the registered office. In addition, the LLC is required to provide its registered agent with a forwarding address. The registered agent must forward all legal, tax, and other important documents to the provided forwarding address. If an LLC fails to appoint a registered agent, it may not receive notifications of lawsuits against it.

An LLC is allowed to appoint itself as its registered agent, but it will not enjoy the same level of privacy as an LLC that appoints another party as a registered agent. It may suffer embarrassment if its lawsuit documents are shown to clients, vendors, and customers.

Consent Requirements for Texas Registered Agents

Before designating someone as your Texas registered agent, the Texas Secretary of State requires that the individual or entity consents in writing to serve in this role. This consent is not filed with the state but must be kept on record with the LLC and made available if requested. Consent must include the name of the entity, the name of the agent, and a clear acknowledgment of their responsibilities.

Failing to obtain proper consent could result in delays during the formation or amendment process. It's also a compliance risk if the appointed party later denies serving in that capacity.

How to Find a Registered Agent in Texas

An LLC can follow these steps to find a registered agent in Texas:      

  • Conduct a business name search on the official website of the Texas Secretary of State.
  • Enter the name of the company it is searching for.
  • Look at the name and street address of the Texas registered agent.

Choosing Between a Commercial and Noncommercial Registered Agent

In Texas, registered agents fall into two categories:

  • Commercial Registered Agents: These are professional services registered with the Secretary of State. They often provide added benefits such as compliance monitoring, document scanning, and immediate notification of legal correspondence. Many commercial agents operate nationwide, making them suitable for businesses planning to expand beyond Texas.
  • Noncommercial Registered Agents: These may include individuals like a business owner or employee. While this option may seem cost-effective, it comes with privacy and availability concerns. The agent’s name and address become part of the public record, and they must be reliably available during normal business hours.

For many LLCs, especially those operating remotely or from home, a commercial Texas registered agent offers convenience, privacy, and greater reliability.

Changing a Registered Agent

If an LLC in Texas wishes to change its registered agent, it can do so by paying a fee of $15. The process of replacing a registered agent takes three days.

Benefits of Using a Texas Registered Agent Service

While it is legally permissible to act as your own registered agent, many LLCs opt for a commercial Texas registered agent service due to the following benefits:

  • Privacy: Your personal or business address stays off public records.
  • Availability: A professional agent is always available during business hours to accept legal documents.
  • Compliance Support: Some services include compliance tracking to ensure your LLC stays in good standing.
  • Nationwide Presence: Many commercial services offer multi-state coverage, which is ideal if your business expands beyond Texas.
  • Mail Handling: Forwarding, document scanning, and digital storage often come included.

These services typically cost between $50 and $150 per year, depending on the provider.

What Happens if You Don’t Maintain a Texas Registered Agent

Failure to maintain a registered agent can lead to serious consequences:

  • Your LLC may miss legal notices or court summons, which could result in default judgments.
  • The Texas Secretary of State may terminate your LLC’s registration, preventing you from legally conducting business.
  • Reinstating an administratively dissolved LLC requires additional filings and fees.

Additionally, using an unreliable agent—or neglecting to update a change in agent or address—can create liability issues or cause important documents to go unnoticed.

How to Change Your Registered Agent in Texas

To change your Texas registered agent, you must file Form 401 (Change of Registered Agent/Office) with the Secretary of State. The form can be submitted online through SOSDirect, by mail, or via fax. The filing fee is $15, and processing typically takes 2–3 business days.

Here’s a summary of the process:

  1. Obtain written consent from the new agent.
  2. Complete Form 401 accurately, ensuring all current and updated information is provided.
  3. Submit the form along with the filing fee.
  4. Update the LLC's internal records and confirm receipt with the Secretary of State.

If the LLC fails to maintain an active registered agent, the business may become involuntarily terminated by the state.

Frequently Asked Questions

  1. Can I be my own registered agent in Texas?
    Yes, as long as you’re a Texas resident with a physical address and are available during business hours.
  2. What is a commercial registered agent in Texas?
    A commercial registered agent is a professional service registered with the state to act as a registered agent for multiple entities.
  3. Is a PO Box acceptable for a registered agent in Texas?
    No, Texas law requires a physical street address—PO Boxes are not permitted.
  4. How do I update my registered agent with the Texas Secretary of State?
    You must file Form 401 and pay a $15 filing fee to change your registered agent.
  5. What happens if my Texas registered agent resigns?
    Your LLC must appoint a new registered agent promptly. Failure to do so can lead to penalties or administrative dissolution.

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